Frame specific procedure and guidelines for disposal of mercy petitions in a time-bound manner: PIL in SC

A Public Interest Litigation (PIL) has been filed in the Supreme Court seeking the framing of a specific procedure and guidelines for the effective disposal of mercy petitions in a time-bound manner..The PIL filed by Advocate Shiv Tripathi notes that the rights of the convicts as well as victims under Articles 14 and 21 of the Constitution of India were being violated due to the lack of a set procedure with respect to mercy petitions..The undue delay in disposal of mercy petitions gives rise to public unrest and creates doubts and suspicion in the minds of the public at large, the petition further adds..Under Article 72 of the Constitution, a person convicted by a court of law may present a mercy petition to the President of India. However till date, no procedure has been established for the same, the petition remarks..The petition goes on to attribute blame on the Union Ministry of Home Affairs for the delay in disposal of mercy petitions and for not framing rules in this regard..The PIL also mentions an RTI query made by one Vats Raj, who had asked the Ministry to send recommendations to the President in the matter of mercy petitions. Raj also enquired whether the government was proposing to review and revamp the procedure to speed up the process..In response to the above queries, the Ministry accepted the fact that there is no procedure laid down by the Constitution with regard to mercy petitions. The answer to the Raj’s second query was also negative, the PIL states..Additionally, in some cases, convicts take the benefit of the delay and get their death sentences converted into imprisonment for life. In such scenarios, the victims and their families feel cheated, the PIL observes..In the light of the above, the PIL contains a prayer for the framing of proper procedure, rules and guidelines in order to facilitate transparency.